Features
Clean Sri Lanka and Noise Pollution (Part I)

by (Dr) Jayampathy Wickramaratne,
President’s Counsel
One area of focus of the ‘Clean Sri Lanka’ programme, initiated by the new government, that has enthused the people at large is the drive to clean the environment. People affected by intense noise hope that cleaning the environment will not be limited to keeping public spaces clean but will also address the issue of noise pollution. This is evident from letters to newspapers and social media posts calling upon the authorities to deal with noise pollution from varied sources, such as entertainment, places of religious worship, vehicular traffic, construction and industrial activities as part of ‘Clean Sri Lanka’.
I write this piece not only as one having an interest in fundamental rights but also as a victim of noise pollution. In the locality where I live, off Rajagiriya, residents have for years been subjected to intense noise forced upon them, mainly by music but also by fireworks, emanating from events conducted on the premises of a government-owned institution. Complaints to the institution, as well as to the Police, bore no results. I refrain from naming the institution as the matter is under investigation by the Human Rights Commission, and the new management of the institution has promised us that remedial measures will be taken.
While the ‘Clean Sri Lanka’ programme was in full swing, a group of tourists, participating in a musical event in the Weligama area, had objected vociferously to the Police prohibiting the use of loudspeakers after 10 p.m. when the period for which a permit had been issued ran out. One female tourist is heard, in a video of the incident, saying that not allowing the use of loudspeakers will adversely affect tourism.
Reacting to the incident, two government spokespersons said that the present government cannot be blamed as the Police were only giving effect to a judgment of the Supreme Court. Not stopping at that, they said that steps would be taken to have the judgment revised. It might interest readers to know that the then Deputy Minister of Tourism, Diana Gamage, made a similar statement in October 2022.
Supreme Court on noise pollution, Ashik v. Bandula
The judgment referred to is Ashik v. Bandula and others, reported in [2007] 1 Sri Lanka Law Reports on page 191, which was widely welcomed. The case commenced as a fundamental rights application by the trustees of a mosque in Weligama against the Police for refusing a loudspeaker permit. The Police contended that residents in the area had complained of noise pollution due to the excessive use of the loudspeakers by three mosques. The Supreme Court noted that the application raised fundamental issues with regard to sound pollution and standards that the Central Environmental Authority (CEA) should enforce. The CEA was accordingly added as a party. Environmental Foundation Limited was permitted to intervene. The court proceeded with the case as being of public interest.
Noting that our country has probably the oldest jurisprudential tradition of a secular approach in dealing with a public nuisance, the Court referred to the 1895 case of Marshall v. Gunaratne Unnanse where the Supreme Court upheld that conviction of the principal trustee of a Buddhist Vihara in Colombo who was charged under the then applicable section 90 of the Police Ordinance for creating noise in the night and disturbing the neighbourhood.
The Supreme Court referred to Re Noise Pollution, a celebrated case decided by the Indian Supreme Court, noting that the latter Court had firmly rejected the contention that there is a fundamental right to make noise associated with the freedom of speech and expression. The Chief Justice of India delved into the etymology of the term “Noise” and noted that it is derived from the Latin word “Nausea”, defined as unwanted sound, a potential hazard to health and communication dumped into the environment without regard to the adverse effect it may have on unwilling ears.
Chief Justice Lahoti continued: “Noise is more than just a nuisance. It constitutes a real and present danger to people’s health. Day and night, at home, at work, and at play, noise can produce serious physical and psClean Sri Lanka and Noise Pollution (Part I)ychological stress. No one is immune to this
stress. Though we seem to adjust to noise by ignoring it, the ear, in fact, never closes and the body still responds —sometimes with extreme tension, as to a strange sound in the night. … Noise is a type of atmospheric pollution. It is a shadowy public enemy whose growing menace has increased in the modern age of industrialisation and technological advancement. … Nobody can claim the fundamental right to create noise by amplifying the sound of his speech with the help of loudspeakers. While one has a right to speech, and others have a right to listen or decline to listen. Nobody can be compelled to listen and nobody can claim that he has a right to make his voice trespass into the ears or mind of others. Nobody can indulge in aural aggression.”
The Sri Lankan Supreme Court held that there was no dispute that people have been denied equal protection of the law by the failure of the executive to establish by way of regulations an effective legal regime as mandated by the National Environmental Act to safeguard the public from the harmful effects of noise pollution. The facts also reveal that there are no guidelines for the effective implementation of the applicable provisions of law so as to provide to the people equal protection of the law guaranteed by Article 12(1) of the Constitution. Accordingly, the Court considered it to be just and equitable in the circumstances of the case to make the following directions:
(i) That the emission of noise by the use of amplifiers, loudspeakers or other equipment or appliances which causes annoyance to the public or to the people in general who dwell or occupy property in the vicinity be considered a public nuisance in terms of section 261 of the Penal Code and that the Police should entertain complaints and take appropriate action for the abatement of such public nuisance;
(ii) That all permits issued by the Police under section 80(1) of the Police Ordinance shall cease to be effective forthwith;
(iii) That no permits shall be issued in terms of section 80(1) of the Police Ordinance for the use of loudspeakers and other instruments for the amplification of noise as specified in that section covering the period 10 p.m. (night) to 6 a.m. (morning). Such permits may be issued for special religious functions and other special events only after ascertaining the views of persons who occupy land premises in the vicinity, a record of such matters to be maintained and the grant of any such permit shall be forthwith reported to the nearest Magistrate Court;
(iv) That in respect of the hours from 6.00 a.m. to 10.00 p.m., permits may be issued for limited periods of time for specific purposes subject to the strict condition that the noise emitted from such amplifier or loudspeaker or equipment does not extend beyond the precincts of the particular premises.
(v) Where a permit is issued in terms of section 80(1) as provided in direction (iii) and (iv) sufficient number of Police Officers should be designated and posted to the particular place of use to ensure that the conditions imposed are strictly complied with;
(vi) That the Police will make special arrangements to entertain any complaint of a member of the public against any person guilty of an offence of public nuisance as provided in section 261 of the Penal Code or of using any loudspeaker, amplifier or other instrument as provided in section 80 of the Police Ordinance contrary to any of these directions and take immediate steps to investigate the matter and warn such person against a continuance of such conduct. If the conduct is continued after that warning to seize and detain the equipment as provided in section 80(4) of the Police Ordinance and to report the matter to the Registrar of this Court.
The Inspector General of Police was directed to submit a report to the Court as to the action taken on the judgment. IGP’s Circular No. 2031/2007 and Crime Circular 17/2007 were issued in conformity with the judgment. A few years later, following representations made mainly by artistes to President Mahinda Rajapakse, the State requested the Supreme Court to extend the time period of permits during weekends. This request was granted.
Accordingly, the Supreme Court directed that musical and cultural shows should be brought to an end at 1.00 a.m. on Fridays and Saturdays and 12.30 a.m. on Sundays. What is important to note is that no change was made to the strict condition made by the Court that noise emitted from an amplifier, loudspeaker or equipment should not extend beyond the precincts of the particular premises.
Southern hoteliers protest relaxing noise laws
The government’s response to a small group of tourists wanting to make merry, unmindful of the rights of the residents of the area, was clearly a knee-jerk reaction. Its spokespersons went to the extent of adding that not permitting loudspeakers till late would adversely affect the tourist industry.
These responses triggered an immediate backlash from citizens concerned with the environment, especially those affected by noise pollution. The Facebook group National Coalition Against Noise Pollution (Shabda Dooshanayata Erehi Jathika Ekamuthuva — type in Sinhala fonts to visit the page) is at the forefront.
The authorities may not have expected opposition from the tourist industry itself. At a media briefing in Galle on 27 January, the Southern Province Tourist Hoteliers Association said that tourists vehemently oppose intense noise. There have been instances of tourists demanding that room charges be paid back and moving out when unable to bear the noise. “Tourists come to Sri Lanka to enjoy the beaches, wildlife and places of historical interest in a relaxing environment. Those who visit discos are drug users. It is they who want noise, not genuine tourists,” the Association explained. A hotel owner from Unawatuna, who had been in the business for 20 years, said that his clients had asked for their money back and left the hotel when disturbed by the intense noise from discos in the neighbourhood. If discos are to be operated, the halls must be constructed so as not to let out sound, he explained —the same condition that our Supreme Court had imposed. A German national whose husband is in the tourist trade in Sri Lanka expressed similar sentiments and blamed Sri Lankan authorities, including the Police, for turning a deaf ear to tourists’ complaints. That tourists want discos and musical shows at night is a misconception, she added. (To be concluded).
Features
Coping with Batalanda’s emergence to centre stage

by Jehan Perera
The Batalanda Commission report which goes into details of what happened during the JVP insurrection of 1987-89 has become the centre of public attention. The controversy has long been a point of contention and a reminder of the country’s troubled past and entrenched divisions that still exist. The events that occurred at Batalanda during the violent suppression of the JVP-led insurgency, remain a raw wound, as seen in the sudden resurfacing of the issue. The scars of violence and war still run deep. At a time when the country is grappling with pressing challenges ranging from economic recovery to social stability, there is a need to keep in focus the broader goal of unity for long-term peace and prosperity. But the ghosts of the past need also to be put to rest without continuing to haunt the present and future.
Grisly accounts of what transpired at Batalanda now fill the social media even in the Tamil media, though Tamils were not specifically targeted at that time. There was then a ceasefire between the government and LTTE. The Indo-Lanka Accord had just been signed and the LTTE were fighting the Indian peacekeeping army. The videos that are now circulating on social media would show the Tamil people that they were not the only ones at the receiving end of counter-terrorist measures. The Sinhalese were in danger then, as it was a rebellion of Sinhalese against the state. Sinhalese youth had to be especially careful.
It appears that former president Ranil Wickremesinghe was caught unprepared by the questions from a team from Al Jazeera television. The answers he gave, in which he downplayed the significance of the Batalanda Commission report have been viewed differently, depending on the perspective of the observer. He has also made a statement in which he has rejected the report. The report, which demands introspection, referred to events that had taken place 37 years earlier. But the ghosts of the past have returned. After the issue has come to the fore, there are many relatives and acquaintances of the victims from different backgrounds who are demanding justice and offering to come forward to give evidence of what they had witnessed. They need closure after so many years.
MORE POLARISATION
The public reaction to the airing of the Al Jazeera television programme is a reminder that atrocities that have taken place cannot be easily buried. The government has tabled the Batalanda Commission report in parliament and hold a two-day debate on it. The two days were to be consecutive but now the government has decided to space them out over two months. There is reason to be concerned about what transpires in the debate. The atrocities that took place during the JVP insurrection involved multiple parties. Batalanda was not the only interrogation site or the only torture chamber. There were many others. Former president Ranil Wickremesinghe was not the only prominent protagonist in the events that transpired at that time.
The atrocities of the late 1980s were not confined to one location, nor were they the responsibility of a single individual or group. The JVP engaged in many atrocities and human rights violations. In addition to members of the former government and military who engaged in counter-terrorism operations there were also other groups that engaged both in self-defence and mayhem. These included members of left political parties who were targeted by the JVP and who formed their own para-military groups. Some of the leaders went on to become ministers in succeeding governments and even represented Sri Lanka at international human rights forums. Even members of the present government will not be able to escape the fallout of the debate over the Batalanda Commission report.
If the debate becomes a battleground for assigning blame rather than seeking solutions, it could have far-reaching consequences for Sri Lanka’s social and political stability. Economic recovery, governance reform, and development require stability and cooperation. The present storm caused by the Batalanda Commission report, and the prospects for increased polarisation and hatred do not bode well for the country. Rather than engaging in potentially divisive debates that could lead to further entrenchment of opposing narratives, Sri Lanka would be better served by a structured and impartial approach to truth-seeking and reconciliation.
NATIONAL HEALING
Earlier this month at the UN Human Rights Council in Geneva, the government rejected the UN High Commissioner for Human Rights assertion that the external evidence gathering unit would continue to collect evidence on human rights violations in Sri Lanka. This evidence gathering unit has a mandate to collect information on a wide range of human rights violations including intimidation and killings of journalists but with a focus on the human rights violations and war crimes during the course of the LTTE war and especially at its end. The government’s position has been that it is determined to deal with human rights challenges including reconciliation through domestic processes.
Addressing the High-Level Segment of the 58th Regular Session of the United Nations Human Rights Council (UNHRC) in Geneva in February this year, Foreign Minister Vijitha Herath said: “The contours of a truth and reconciliation framework, will be further discussed with the broadest possible cross section of stakeholders, before operationalisation to ensure a process that has the trust of all Sri Lankans. Our aim is to make the domestic mechanisms credible and sound within the constitutional framework. This will include strengthening the work towards a truth and reconciliation commission empowered to investigate acts of violence caused by racism and religious extremism that give rise to tensions within Sri Lankan society.”
The concept of a truth and reconciliation commission was first broached in 2015 by then prime minister Ranil Wickremesinghe’s government. In 2019 after winning the presidential elections, former president Gotabaya Rajapaksa too saw merit in the idea, but neither of these two leaders had the commitment to ensure that the process was completed. Promoting reconciliation in Sri Lanka among divergent political actors with violent political pasts requires a multi-faceted approach that blends political, social, and psychological strategies.
Given the country’s complex history of armed conflict, ethnic tensions, and political polarisation, the process must be carefully designed to build trust, address grievances, and create a shared vision for the future. A truth and reconciliation process as outlined in Geneva by the government, which has teeth in it for both punishment and amnesty, can give the country the time and space in which to uncover the painful truths and the path to national healing.
Features
Challenging hierarchy? Student grievance mechanisms at state universities

Our universities are characterized by hierarchies. They manifest in formal and informal ways, reinforcing power asymmetries based on class, ethnicity and gender, and placing inordinate authority in those with higher status. In medicine, a ‘hidden curriculum’ orients undergraduates to hierarchies from their early days in training, placing professors over lecturers, ‘clinical’ over ‘non-clinical’ teachers, consultants over medical officers, and so on. While hierarchies are needed at universities (and hospitals) to streamline decision-making, dysfunctional hierarchies create unhealthy learning environments and a culture of fear that discourages students from asking questions and voicing concerns. They also legitimize mistreatment, humiliation, bullying, and other abuses of power. A few months ago, when I invited a medical student to participate in a session on ragging and harassment for incoming students, she asked me (quoted with permission), “What’s the point of doing a programme like that if ragging happens in official level by teachers with everyone knowing, Madam?” Her question led me to explore the avenues available at state universities for undergraduates to counter abuses of power by teachers and university administrations.
What can undergrads do?
The University Grants Commission (UGC) and all state universities have established mechanisms for reporting complaints of ragging and sexual and gender-based violence (SGBV). The UGC’s online portal entertains complaints on “all forms of ragging; sexual harassment; sexual or gender based violence; threats and intimidation; bullying; and harassment.” Complaint procedures for ragging and SGBV are described in detail on the websites of each university, as well as the websites of some faculties. Students may also take any complaints directly to the Dean, student counsellors, academic advisors/mentors, and teachers. In addition, many faculties have portals to submit online complaints on ragging and harassment, while others rely on informal mechanisms, like complaint boxes, to protect anonymity. While these systems are used by students to some extent, rarely do they function as checks and balances against abuses of power by teachers and others at the pinnacle of the university hierarchy.
Anyone who works at a state university would know that students (and the university community more broadly) have very little confidence in existing complaint and grievance procedures. While the minority of incidents that get reported may make it to the inquiry stage, the complaints are often withdrawn under threat and intimidation from the authorities or simply brushed under the carpet. More recently, certain universities and faculties have worked towards establishing formal student grievance procedures outside the SGBV/ragging reporting systems.
Newer grievance mechanisms
Sabaragamuwa University appears to be the only university with a university-wide policy for grievance redressal. The protocol described in the standard operating procedure (SOP) requires that students submit their complaint in writing to the Dean or Deputy Senior Student Counsellor of the relevant faculty. On receiving a complaint, a Committee will be set up by the Dean/Deputy Senior Student Counsellor to conduct an inquiry. The Committee will comprise five senior staff members, including “two independent members (one representing another department, and one may represent the Gender Equity and Equality Cell of the Faculty where relevant)…” The SOP further states that “any student can oppose to have his/her mentor and/or any faculty member to be in the five-person team handling his/her issue.” However, this information is available only to the discerning student who is able to navigate the university’s complex website, hit the Centre for Quality Assurance tab, view the list of documents and click ‘best practices’.
Several faculties of medicine appear to have introduced grievance mechanisms. The Grievance Committee of the Faculty of Medicine, Colombo, considers complaints regarding “a decision or action that is perceived to adversely affect the grievant in her or his professional academic capacity.” The procedure requires that students submit the grievance in writing to the Dean. The Committee comprises “persons who are not current employees of the Faculty of Medicine” and the complainant may request the presence of a member of the Medical Students’ Welfare Society. The Faculty of Medicine, Ruhuna, implements a grievance policy that is more expansive in scope, covering concerns related to “organizational changes in the teaching and learning environment, decisions by academic staff members affecting individuals or groups of students, changes in the content or structure of academic programmes, changes in the nature and quality of teaching and assessment, supervision of students undertaking research projects, authorship and intellectual property, [and the] quality of student services and access to university facilities and resources.” While the policy notes that incidents related to harassment, discrimination and bullying, come under the jurisdiction of the university’s SGBV policy, it does not entertain complaints about examinations. The medical faculty of the University of Sri Jayewardenepura (SJP), has an online grievance system that investigates complaints related to “any physical, psychological, academic or any other problem related to the University life”. The system commits to maintaining confidentiality, pledging that “information will not be divulged to members outside the Student Grievances Committee without the student’s permission.”
Gaps in existing systems
The university-wide SGBV/ragging reporting system could be used to address harassment and intimidation of all kinds. Sadly, however, undergraduates appear to be unaware of these possibilities or reluctant to use them. It is unclear as to whether the newer grievance mechanisms at universities and faculties have managed to achieve the desired outcome. Are they used by students and do they lead to constructive changes in the learning environment or do they simply exist to tick the check box of quality assurance? None of the websites report on the number of cases investigated or the kinds of redressal measures taken. If these mechanisms are to be used by students, they must fulfill certain basic requirements.
First and foremost, all students and staff must be made aware of existing grievance mechanisms. Policies and procedures cannot simply be included under a tab buried in the faculty/university website, but need to be placed front and centre. Students should know what steps the institution will take to ensure confidentiality and how those who come forward, including witnesses, will be protected. They should be confident that swift action will be taken when any breaches of confidentiality occur. Inquiries need to be conducted without delay and complainants kept informed of the actions taken. All in all, universities and/or faculties must commit to ensuring integrity and fairness in the grievance process.
Second, the independence of inquiries must be guaranteed. Some universities/faculties have SOPs that require the inclusion of ‘independent’ members in grievance committees—members who are currently non-faculty, academics from other faculties and/or student representatives. Whether the inclusion of non-faculty members would be sufficient to safeguard independence is questionable in fields like medicine where there is a tendency to cover up professional misconduct at all levels. Permitting complainants to have a say in the makeup of the inquiry committee may help to increase confidence in the system. It may be advisable for inquiries to be handled by ombudspersons or others who do not have a stake in the outcome, rather than by academic staff who are part of the university hierarchy.
Third, grievance mechanisms must address the very real possibility of retaliation from university administrations and teachers. The TOR of the Faculty of Medicine, University of Ruhuna, states that the Committee must ensure “students do not suffer any victimization or discrimination as a result of raising complaints or grievances,” but provides no guidance on how this might be accomplished. Any grievance mechanism must address what recourse to action complainants (and witnesses) have in the event of retaliation. At present, there are no regulations in place to ensure that persons alleged of misconduct are not involved in examination procedures. Neither do universities provide any guarantee that complainants’ academic/employment prospects will not be compromised by coming forward. This is especially concerning in medicine where practical assessments of clinical skills and interview-based examinations (viva) are common, and those at higher rank are usually trainers at the postgraduate level.
Going forward
Student grievance mechanisms provide a structured process for students to voice concerns and seek redress when they feel they have been treated unfairly or unjustly by university staff or policies. The mechanisms currently in place at state universities appear to be weak and insufficient. The UGC could call for universities to participate in a consultative process aimed at developing a policy on handling student grievances in ways that promote fairness in academic matters, faculty conduct, and administration at state universities. While such a policy could foster supportive learning environments, build trust between university administrations and students, and protect students from bullying, intimidation and harassment, it must be accompanied by efforts to address and undo dysfunctional hierarchies within our universities.
(Ramya Kumar is attached to the Department of Community and Family Medicine, Faculty of Medicine, University of Jaffna.)
Kuppi is a politics and pedagogy happening on the margins of the lecture hall that parodies, subverts, and simultaneously reaffirms social hierarchies.
By Ramya Kumar
Features
Big scene for Suzi… at oktoberfest

The months literally keep flying and, before long, we will be celebrating Oktoberfest.
In our scene, Oktoberfest is looked forward to by many and the five-star venues, especially, create the ideal kind of atmosphere for the celebration of this event, held in late September and early October.
Suzi Croner, who was in town last month (February), is already contracted to do the Oktoberfest scene at a popular five-star venue, in the city.
She says she will be performing six consecutive nights, from 23rd to 28th September, along with a band from Germany.

Suzi’s scene in Switzerland
According to Suzi, the organisers have indicated that they are looking forward to welcoming around 1,500 Oktoberfest enthusiasts on all six days the festivities are held.
“I’m really looking forward to doing the needful, especially with a German band, and I know, for sure, it’s going to be awesome.”
In fact, Suzi, of the band Friends’ fame, and now based in Switzerland, indicated that she never expected to come to her land of birth for the second time, this year.
“After my trip to Sri Lanka, in February, I thought I would check things out again next year, but I’m so happy that I don’t have to wait that long to see my fans, music lovers and friends for the second time, in 2025.”
Suzi spent 11 amazing days in Sri Lanka, in February, performing six nights at a five-star venue in Colombo, in addition to doing the ‘Country & Western Nite’ scene, at the Ramada, and an unscheduled performance, as well.

Suzi Croner: Colombo here I come…in September
Her next much-looked-forward to event is ‘Country Night,’ Down Under.
It will be her second appearance at this ‘Country Night’ dance and music lovers, in Melbourne, in particular, are waiting eagerly to give Suzi a rousing welcome.
Suzi’s bubbly personality has made her a hit wherever she performs.
In her hometown of Spreitenbach, in Switzerland, she is a big draw-card at many local events.
Suzi was the frontline vocalist for the group Friends, decades ago, and this outfit, too, had a huge following in the local scene, with a fan club that had over 1,500 members.
The band was based abroad and travelled to Sri Lanka, during the festive season, to keep their fans entertained, and it was, invariably, a full house for all their performances in the scene here.
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